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Grand jury indicts Gov. Rick Perry on two charges

A grand jury has chosen to indict Texas Gov. Rick Perry following an investigation into whether the governor abused his power by vetoing state funds for the Travis County District Attorney's Office last year.

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Grand jury indicts Gov. Rick Perry on two charges

KVUE
8:53 a.m. CDT August 18, 2014

NEW ORLEANS, LA - JUNE 18: Texas governor Rick Perry speaks during the 2011 Republican Leadership Conference on June 18, 2011 in New Orleans, Louisiana. The 2011 Republican Leadership Conference features keynote addresses from most of the major republican candidates for president as well as numerous republican leaders from across the country.(Photo: Justin Sullivan, Getty Images)

AUSTIN -- A grand jury has chosen to indict Texas Gov. Rick Perry on Friday following an investigation into whether the governor abused his power by vetoing state funds for the Travis County District Attorney's Office last year.

Perry vetoed state funds for the office after District Attorney Rosemary Lehmberg refused to resign following a DWI conviction.

After the veto, Perry said he could not give money to Lehmberg's office because she had lost the public's confidence after her arrest in April 2013. Lehmberg pleaded guilty and was sentenced to 45 days in jail. She served 21 days.

Upon his indictment, Perry must turn himself in to the Travis County Jail, where he will be booked, fingerprinted and have his mugshot taken. A pre-trial hearing will be arranged within the next few weeks.

Defense attorneys could file a motion to have the indictment thrown out, which would delay a trial, or seek to have a trial within the next 90 days.

Perry can continue to serve as governor while under indictment. He can also continue as governor if convicted, but he could be stripped of office through a separate legislative removal process.

Perry's charges carry a punishment of up to 109 years in prison and $20,000 in fines.

Last year, Lehmberg was allowed to keep her job following a civil trial based on a lawsuit filed by an Austin lawyer citing a Texas constitutional code states an elected official can be removed for intoxication on or off duty.

A complaint by watchdog group Texas for Justice alleged Perry violated state laws concerning bribery, coercion and abuse of authority.

The veto meant that the Public Integrity Unit, which investigates ethics complaints against politicians statewide and is housed in Lehmberg's office, was left without a $7.5 million two-year allocation. Travis County commissioners later agreed to partially fund the operation, but two employees lost their jobs.

A Perry spokesperson said that the governor broke no laws and exercised his constitutional veto authority through line-item vetoes in the budget.

A Texas judge called for special prosecutor Michael McCrum to look into Perry's actions last year. A grand jury spent four months looking at evidence in the case and hearing testimony from members of the governor's staff, all of whom testified before the grand jury.

This case is the last open investigation related to Lehmberg's DWI arrest.

Grand jury indicts Gov. Rick Perry on two charges
KVUE

Mary Anne Wiley, general counsel for Gov. Rick Perry, issued this statement following the indictment:

"The veto in question was made in accordance with the veto authority afforded to every governor under the Texas Constitution. We will continue to aggressively defend the governor's lawful and constitutional action, and believe we will ultimately prevail."

David L. Botsford, additional counsel for Gov. Perry, released this statement following the indictment:

"I am outraged and appalled that the Grand Jury has taken this action, given the governor's constitutional right and duty to veto funding as he deems appropriate. This clearly represents political abuse of the court system and there is no legal basis in this decision. The facts of this case conclude that the governor's veto was lawful, appropriate and well within the authority of the office of the governor. Today's action, which violates the separation of powers outlined in the Texas Constitution, is nothing more than an effort to weaken the constitutional authority granted to the office of Texas governor, and sets a dangerous precedent by allowing a grand jury to punish the exercise of a lawful and constitutional authority afforded to the Texas governor."

Lt. Gov. David Dewhurst issued this statement following the indictment:

"I'm disappointed with Travis County's attempt to criminalize state politics, in Gov. Perry's case, threatening a veto if a state subdivision did not act responsibly. As I understand the facts, Governor Perry's acts were consistent with what any House or Senate Finance Chair would do to get the attention of a state agency."

The Texas Democratic Party immediately called for Perry to step down following the indictment:

"Governor Rick Perry has brought dishonor to his office, his family and the state of Texas. Texans deserve to have leaders that stand up for what is right and work to help families across Texas. The indictment today shows a failure of Governor Perry to follow the law," said Texas Democratic Party Chairman Gilberto Hinojosa in a statement. "[...]We call on Governor Perry to immediately step down from office. Texans deserve real leadership and this is unbecoming of our Governor."

KEY PLAYERS IN THE PERRY CASE

Craig McDonald, complainant and director of Texans for Public Justice

Filed criminal complaint against Perry days after veto

Complaint alleged Perry broke several misdemeanor and felony state laws

Complaint was initially sent to State District Judge Julie Kocurek in Travis County

Kocurek recused herself, and a special judge and prosecutor were appointed to handle the matter

Michael McCrum, special prosecutor

San Antonio native

Appointed by State District Judge Bert Richardson in August 2013 to handle Perry inquiry

Former federal prosecutor hired during President George H.W. Bush administration

Selected by President Barack Obama for a U.S. attorney position in Texas, but withdrew his name from consideration

Currently works primarily in San Antonio criminal defense practice, specializes in white collar crimes

Bert Richardson, state district judge

​San Antonio native

Appointed in July 2013 by State District Judge Billy Ray Stubblefield to handle Perry inquiry; Stubblefield is presiding judge for region